Historic win for child safety: Govt to repeal presumption of parental involvement

Last week, the government announced their intention to repeal the presumption of parental involvement from the Children Act 1989. The decision comes after new evidence collated in the review of the presumption, identified that always prioritising contact can perpetuate child abuse in the worse cases.

The presumption was introduced into legislation in 2014 but has become a fundamental part how Family Courts operate regarding child arrangement orders. As the review outlines: “court practice, culture, case law and legislation have come together to create an approach focused on facilitating the involvement of both parents in a child’s life”. Repealing the presumption indicates the shift away from pro-contact culture that many, including Beck Fitzgerald, have been pushing for from policy makers.

Jenny Beck KC (Hon) said:

“This is something we as a firm have been campaigning for since our inception – I am so pleased this important step has been taken with a commitment to being implemented quickly. It will centralise the safety of families and children and allow a better focus on their voices. We need to ensure the change is accompanied by real culture change so that we see a real shift from the ‘contact at all costs’ position. This will require training which should be mandatory”

Claire Throssell MBE was crucial force behind the campaign. Claire’s sons, Jack, 12, and Paul, 9, were  killed by their father, despite her warnings that he was a danger to them. She has campaigned tirelessly to stop unsafe child contact with dangerous perpetrators of domestic abuse. You can read more about Claire’s story in this Guardian article, and in this BBC article.

The impact that Claire has had cannot be understated. On Wednesday this week, a number of the Beck Fitzgerald team were in attendance at the All Party Parliamentary Group on Access to Justice’s expert panel on coercive control and economic abuse. The whole panel, including Safeguarding and VAWG Minister, Jess Phillips MP, voiced their admiration for Claire’s bravery and tenacity.

In the Government’s press release, Claire commented:

“For almost a decade, Women’s Aid and I have worked together, campaigning to change the family courts and improve laws, to ensure that children at risk of further harm from abusive parents have a brighter, safer future, free from fear and oppression. Every child deserves to be heard, seen, supported, and believed; to have a childhood and to live.  

 

 

Successive governments have failed to protect children, standing by an outdated presumption that it is in a child’s best interests to have contact with both their parents, even when there have been allegations of domestic abuse.  We have campaigned tirelessly to have this presumption removed from the family law and practice, because until this narrative changes, more children, like Jack and Paul, will continue to die.  

Although today’s announcement can never bring back Jack and Paul it will give children further protection against preventable harm in their lives. No child should have to hold out a hand for help in darkness to a stranger and say that they have been hurt by someone who should love and protect them most. No parents should have to hold their children as they die, from the abuse of a perpetrator, as I did a decade ago.”

In response to the Government’s announcement, we support Women’s Aid in calling for :

• Bring forward legislation to remove the presumption without delay.
• Fully implement the 2020 Harm Panel recommendations to stop the family courts being used as a tool of abuse.
• Deliver mandatory training for judges and professionals – designed with specialist domestic abuse services, including ‘by and for’ organisations.
• Fix systemic failures by ensuring proper communication, coordination, and accountability between agencies.
• Prioritise children’s voices in all contact decisions, and recognise their diverse experiences of abuse – including coercive control.

This announcement is a big win and a major step in the right direction. However, we need more than promises if we are to ensure our family justice system protects, listens to and priorities children.

To read the full press release, click here. To read the full report, click here.

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